The interim decision announced by the Council of Europe’s Committee of Ministers following its 15–17 September meeting regarding Abdullah Öcalan and the other members of the Gurban Case Group was sharply criticized by Ebru Akkal, a member of the Association of Lawyers for Freedom (ÖHD).
Akkal underlined that the Committee’s decisions were not enough to end the violation of the right to hope, saying: “They are ignoring Turkey’s political resistance. They have still not brought the 11-year-long violation under supervision.”
Secretariat decision has fallen flat
Recalling that the Committee had previously given Turkey a one-year deadline to implement the right to hope, Akkal said: “At the previous meeting, Turkey was given a deadline for the implementation of the right to hope, and it was instructed that if no progress was made by the end of that period, the Secretariat should draft an interim resolution. But today’s interim decision clearly shows that no steps were taken in that direction. The Committee is not operating an effective monitoring process.”
Reference to the parliamentary commission is political recognition
Commenting on the reference in the Committee’s decision to the Parliamentary Commission on National Solidarity, Brotherhood, and Democracy, Akkal said this carried not only legal but also political significance: “This emphasis shows that Mr. Öcalan’s social and political role is recognized even before the Committee. At the same time, it amounts to an admission that Turkey’s refusal to recognize the right to hope is a political stance.”
11 years of violation is a breach of the ban on torture
Akkal said that while she welcomed the Committee giving Turkey another six-month deadline this time, the length of the delay was striking: “More than 11 years have passed since its non-implementation. This amounts to a violation of the prohibition on torture. It is unacceptable that such a fundamental ban, protected at the highest level of modern law, has been disregarded for so long. Moreover, Mr. Öcalan has now completed 25 years in prison; the dimensions of the violation deepen with each passing day.”